Trending Sources

AFTRA Board Approves Joint Bargaining With SAG

Digital Media Law

At a videoconference meeting today in New York and LA, AFTRA’s national board unanimously voted to approve joint bargaining with SAG for the Primetime Television Contract and the SAG TV/theatrical contract. The move comes a month after SAG’s national board voted, by a tally of 82% to 18%, to “seek engagement with AFTRA in a joint bargaining agreement for negotiation of the Television/Theatrical Contract.”

SAG Moves towards Joint Bargaining with AFTRA

Digital Media Law

The SAG National Board yesterday passed a resolution, by a surprising 82% to 18% vote, directing the guild’s president and National Executive Director to “seek engagement with AFTRA in a joint bargaining agreement for negotiation of the Television/Theatrical Contract,” as quoted in a SAG press release. Phase One is the 1981 agreement between the two unions under which they have jointly bargained with the studios for almost three decades, with the notable exception of 2007-2009.

SAG-AFTRA Joint Bargaining: AFTRA Hesitates, Slightly; and More

Digital Media Law

An AFTRA committee, expected to recommend joint bargaining with SAG, instead referred the matter to a subcommittee, the Hollywood Reporter and The Wrap reported. As the Strategy Cabinet’s action indicates, there wasn’t 100% agreement in the room regarding joint bargaining. However, reports my source, there is nonetheless a sense of inevitability that there will, in fact, be joint bargaining. If you work in tech, check out my book How to Write LOIs and Term Sheets.

Hollywood Labor: SAG Source Says a Strike Unlikely, Joint SAG-AFTRA Bargaining Likely; and the Year Ahead

Digital Media Law

The source also said SAG’s upcoming January 31 national board meeting will probably feature a move towards resurrecting joint bargaining with AFTRA, adding that he/she was confident that bargaining later this year would indeed be jointly conducted. The bargaining in question is with the AMPTP (studio alliance) regarding the TV/theatrical contract. Framework for Joint Bargaining Moving on from math, let’s talk about joint bargaining.

AFTRA, Networks Reach New Three Year Deal

Digital Media Law

An AFTRA statement confirmed the issues’ importance, calling the 1% increase the union’s “primary objective” in the bargaining. Check out my new book “Hollywood on Strike!,” If you work in tech, take a look at my book How to Write LOIs and Term Sheets

Reflections on L.A.’s nascent producer’s league. Treason… No, but…

Gordon P. Firemark

Theatre producers who’re forming a league to serve as a collective bargaining representative, advocate, and promotional collective. the book and film are worth the time, as well). Frequent readers probably know that I have lately been involved with a group of L.A. The process has been grueling, involving 6 meetings so far (2 more are scheduled), at which various interests have to be reconciled, and rules for the group’s governance established.

An Actor's Cautionary Tale: Cancer Diagnosis and a Drawn-Out Battle Over Residuals

Digital Media Law

Warners repeatedly promised more information -- surprisingly, collective bargaining agreements don''t require that any particular data be provided -- and months often passed between emails and phone calls. If you work in tech, take a look at my book How to Write LOIs and Term Sheets

SAG 2

CREATIVE ACCOUNTING

Entertainment Law Resources Blog

No doubt, there are numerous instances where producers or distributors have cooked the books to avoid paying back-end compensation to those entitled to it. The studio uses its leverage and superior bargaining position to pressure talent to agree to a bad deal. Filmmakers and profit participants often lament about distributors engaging in creative bookkeeping. This is one area where filmmakers concede that studios are sufficiently imaginative in their thinking.

Canard du jour: Do residuals make you lazy? If the age of privacy is over, is the age of royalties over, too?

Music Technology Policy

One of the common misapprehensions one hears from the “music/facts/books/news/movies/games are like water” crowd is that creators don’t deserve the royalties and residuals for which their unions and they fought for so long. As a senior copyright official once said to me during the Google Books debacle, we made it through a couple hundred years without a Constitutional challenge to the U.S.

Baby You Can Drive My Car: Hollywood Health Plans May Have to Pay “Cadillac Plan” Tax

Digital Media Law

Hollywood unions have long bargained for great health benefits, often foregoing a portion of wage increases in order to fund those benefits (as well as valuable pension benefits). If you work in tech, check out my book How to Write LOIs and Term Sheets.

Example of “New Boss” Contracts: The YouTube covenant not to sue

Music Technology Policy

Clauses like this define onerous, over reaching and misuse of bargaining position. And because they will most likely take the music anyway requiring indie publishers to send them DMCA notice after notice after notice after notice after… The clause seems designed to limit indie publishers from joining the current YouTube class action, a class certification issue Google recently lost in the Google Books case.

The Future for Television: More Google Union-Busting

Music Technology Policy

Google TV will further the usual shakedown business model–we will steal from you until you get tired of litigating then you will give us a deal on our terms (YouTube, Google Books, etc.). Google, of course, is a non-union shop and has little empathy for collective bargaining. In Silicon Valley, “collective bargaining” is such a foreign concept that it is often mistaken for VCs setting a valuation.

Basic Cable Clarification & Details

Digital Media Law

As part of the Basic Cable Live Action agenda item, the SAG National Board voted to explore the possibility of coordinated bargaining with AFTRA in the area of live action basic cable programming. Regardless of formality, is AFTRA receptive to the idea of coordinated bargaining? The caveat was that AFTRA would want to be sure that coordinated bargaining would increase the likelihood of members actually working. And watch for my new book “Hollywood on Strike!,”

Guest Post: The Fallacy of Music Like Water by Gavin Castleton

Music Technology Policy

” In early 2005, Berklee VP David Kusek and “futurist” Gerd Leonhard based their book The Future of Music on the concept of “ Music Like Water ,” i.e. the transformation of the music industry into one in which music is ubiquitous and subscription-based, paid for and delivered like any other utility service. [Editor Charlie says: Please welcome another guest post by Gavin Castleton, a songwriter and producer from Portland, Oregon.

“YouTube for YouTube” @midem: @davidclowery and @theblakemorgan Review “YouTube For Artists”

Music Technology Policy

We don’t really have collective bargaining as artists [with YouTube]. The closest thing to collective bargaining is to have our catalogues represented by large independents and major labels. Just look at Google books case. The most laughable thing in the New York Post article is that somehow the buyer for a even a small music venue is gonna book a band based on noisy data from YouTube views. My wife books hundreds of concerts a year.

Silly Lawsuit Against SAG Dismissed; and More

Digital Media Law

This is the lawsuit that attempted to reinstate former SAG National Executive Director Doug Allen and undo ratification of the SAG-AMPTP collective bargaining agreement. In order to make the schedule for joint negotiations work, AFTRA leadership has agreed to a one-year extension to its so-called “front of book” – the portion of its agreement with the AMPTP that covers daytime serials (soap operas) and various other work whose jurisdiction is not shared with SAG.

WGA 2

Should there be a “Director’s Copyright” in stage directions? (Reader survey)

Gordon P. Firemark

This is true, certainly, in Directors who are members of the SDC, the union representing stage directors and choreographers, which means, that producers have agreed to this provision in the course of collective bargaining.

Hollywood Labor: The Tyranny of Time

Digital Media Law

I covered those events as they occurred, and they’re also the topic of my forthcoming book, “Hollywood on Strike!,” So with the SAG-AFTRA negotiations upon us, let’s look at what the 2010-2011 bargaining cycle has in store. The AMPTP now doubt opposes merger—why would management want to deal with a more unified bargaining representative—and that means they will seek to extract concessions if they’re going to agree to deal points that make merger easier.

If Google Can Successfully Lobby the FTC on Antitrust, Just Think What They Think They Can Do To Us

Music Technology Policy

Left unmentioned: That Lee himself contributed a chapter to a Mercatus book with the researchers (at least one of whom is his friend) called “Copyright Unbalanced: From Incentive to Excess.” “You asked me if I am in the Meth Business or the Money Business. It’s neither.

Pilots Overwhelmingly AFTRA Again

Digital Media Law

It’s a murky and confused picture that once again underscores the importance of joint bargaining by the two unions and, ultimately, the likelihood that merger is only solution to the present crazy-quilt jurisdictional overlaps between the two unions. If you work in tech, check out my book How to Write LOIs and Term Sheets.

SAG 2

Amazon compromises on Kindle 2's 'read-to-me' feature; who can blame them?

Copyrights & Campaigns

com's announcement that it will permit authors and publishers to determine, title-by-title, whether to permit the new Kindle 2 to read aloud their books, has been greeted with predictable disdain from the copyleft. "I If, however, you're a licensee of books from authors and publishers, you have other concerns. Amazon'.com's

Intermission in the First Act of The Fetishism and Cognitive Dissonance of the Singularity

Music Technology Policy

These artists stand up for themselves through collective bargaining and lobbying of their own. While Lessig has set out certain protective barricades in his books to insulate himself from documented confession of a yearning for theft, if you follow his public speeches and statements you will begin to wonder just how disingenuous this really is.

New Boss Royalty Deadbeat Facebook Wants to Stiff Everyone

Music Technology Policy

Given the opportunity to book a dollar on Tuesday, there are many big rights holders who might look at a payment from Facebook as “found money” or even perhaps as an employment lifeboat. “我会很高兴今天支付你的汉堡包今天”. “I’ll gladly pay you Tuesday for a hamburger today.”

IPO 1

SAG Executive Director: TV/Theatrical Deal Will Pass

Digital Media Law

His answer turned on the intermittent nature of entertainment employment: “Employers have a natural incentive to want weaker bargaining partners, but employers also understand that if unions didn’t exist they’d have to invent them. And what about those “weaker bargaining partners”? If you work in tech, check out my new book How to Write LOIs and Term Sheets.

SAG Letter re Force Majeure Claims

Digital Media Law

If you work in tech, check out my new book How to Write LOIs and Term Sheets. ——————— DUNCAN CRABTREE- IRELAND DEPUTY NATIONAL EXECUTIVE DIRECTOR AND GENERAL COUNSEL May 12, 2009 Dear SAG Member: I am writing to update you on the status of certain “ force majeure ” claims filed on your behalf in relation to compensation owed to you in connection with the 2007-2008 WGA strike. SAG just sent members an email regarding force majeure claims.

Guest Post: The Fallacy of Music Like Water by Gavin Castleton

Music Technology Policy

” In early 2005, Berklee VP David Kusek and “futurist” Gerd Leonhard based their book The Future of Music on the concept of “ Music Like Water ,” i.e. the transformation of the music industry into one in which music is ubiquitous and subscription-based, paid for and delivered like any other utility service. [Editor Charlie says: Please welcome another guest post by Gavin Castleton, a songwriter and producer from Portland, Oregon.

Excellent Review of "most prolific scholar of copyright in history"

Music Technology Policy

" Moral Panics and the Copyright Wars: A Worthless Book " is an excellent book review by Tom Sydnor of the book by the strikingly modest Google VIP William Patry. The book's trade " description " which we must assume was written or approved by the unpretentious Google VIP himself tells us "Just as Wall Street must serve Main Street, neither can copyright be left to a Reaganite 'magic of the market.'"

Update: Joshua Johnson’s KQED Forum on Rogue Sites

Music Technology Policy

I realize that the Silicon Valley 1% of the 1% is proudly non-union, but surely Johnson knows that “collective bargaining” is not a bunch of VCs setting a valuation. A telling admission in that book is the following (at page 11): “If [staying on message] means centring messaging on the IP mechanism itself, then is it easier, or harder, to find messaging that is suitably emotional as to appeal to the grassroots?

Independent New Media Productions

Digital Media Law

3 of the SAG New Media Agreement, wages are freely bargained by the employer and the performer. If you work in tech, check out my new book How to Write LOIs and Term Sheets. There are casting notices out there for SAG new media productions under the “SAG New Media Contract.” A few notes may help clarify what these are, and help performers enforce a few of their rights.

SAG 2

SAG Presidential Candidate: I'll Seek Strike Authorization Next Year if Elected

Digital Media Law

She argued that that’s what’s needed to gain bargaining leverage and added that she’s “confident” the SAG membership would vote Yes, especially after the guild conducts an educational outreach campaign during its wages and working conditions (W&W) meetings with members. That said, the sole focus of Unite for Strength is increasing performers’ bargaining power, so if a strike authorization is needed, we would certainly support it.

SAG’s Strange Voyage

Digital Media Law

They started by trying to unilaterally reduce AFTRA’s power on the committee that for decades has jointly bargained the TV/theatrical contract. These were (1) the general uncertainty surrounding new media business models, (2) the economic fatigue suffered by actors and the rest of the industry in the wake of the 100 day writers strike, and (3) SAG’s lack of bargaining leverage, the latter a circumstance engineered by the hardliners themselves. Where did the Screen Actors Guild go?

SAG: Four Hardline Horsemen in the National Board Room

Digital Media Law

Among other things, the question becomes, will SAG and AFTRA be able to reestablish joint bargaining under the Phase 1 agreement? If you work in tech, check out my book How to Write LOIs and Term Sheets. Thursday’s SAG election was a victory for the moderate coalition.

The Future for Television or Google Wants to Burn Your Remote: More Google Union-Busting

Music Technology Policy

Google TV will further Google’s usual shakedown business model–we will steal from you until you get tired of litigating then you will give us a deal on our terms (YouTube, Google Books, etc.). Google, of course, is a non-union shop and has little empathy for collective bargaining. In Silicon Valley, “collective bargaining” is such a foreign concept that it is often mistaken for VCs setting a valuation.

SAG Board Approves Studio Deal

Digital Media Law

If you work in tech, check out my new book How to Write LOIs and Term Sheets. ——————— SCREEN ACTORS GUILD NATIONAL BOARD OF DIRECTORS APPROVES TENTATIVE TELEVISION AND MOTION PICTURE CONTRACTS AND RECOMMENDS RATIFICATION Los Angeles (April 19, 2009) – The Screen Actors Guild National Board of Directors today voted 53.38 Voting on party lines, a sharply divided SAG board approved the tentative deal with the studios yesterday by a vote of about 53% to 47%.

The Man Who Spilled the Secrets | Politics | Vanity Fair

Communications And Entertainment Law Blog

An accomplished pianist, Rusbridger is writing a book about learning to play Chopin’s First Ballade. (He He has also written several children’s books and a history of the evolution of sex manuals.) Aitken wrote a book about the episode, called Pride and Perjury.

SAG & Studios Agree to Tentative Deal

Digital Media Law

Also, interestingly, the new TV/theatrical deal was negotiated primarily on an informal basis by key SAG leaders and studio heads, not by formal bargaining between the union and the AMPTP. If you work in tech, check out my new book How to Write LOIs and Term Sheets.

One Bad Apple: The Complete Checklist on Google’s “Non Anti-Piracy” Anti-Piracy Policies

Music Technology Policy

It should come as no surprise that the Congress did not specify a time frame because those involved with drafting the DMCA wanted to provide a little latitude for reasonable people acting reasonably, and reasonable people would respond as quickly as they could to a notification of bad behavior—not try to profit from it or use it as a bargaining chip. Ask yourself how many books Google has scanned without a license during the time that it has taken you to read this post.

Sidney Blumenthal · A Short History of the Trump Family: The First Family · LRB 16 February 2017

Communications And Entertainment Law Blog

A Short History of the Trump Family Sidney Blumenthal "The most enduring blight left behind by Donald Trump, long after he has smashed things up, will be the pile of books devoted to trying to make sense of him. That book relates to … everything.” Unlike Trump, who not only didn’t write the books that carry his name but doesn’t seem to have read them, Barnum wrote a great deal.

Domestic Distribution Part III, Home Video Formulas

Entertainment Law Resources Blog

However, prices are negotiable and Wal-Mart is known to drive a hard bargain and pay substantially less for DVD’s. He is the author of six books including: Reel Power: The Struggle for Influence and Success in the New Hollywood, Dealmaking in the Film and Television Industry, Contracts for the Film and Television Industry, and Risky Business: Financing and Distributing Independent Film. There are many formulas for home video deals, but most fall within three patterns.

The MTP Interview: Randy Himes of the American Federation of Radio and Television Artists

Music Technology Policy

AFTRA and the AFM bargain with record companies to negotiate session rates, residuals and benefits for their members, set standard booking agency and one-nighter agreements for live performances and a host of other contracts designed to protect artists and maximize their economic rights. AFTRA is the only union or organization authorized to bargain with the major labels for a contract that covers employment in that area. [This post first appeared on MTP in 2009.